Preemption Analysis of Texas Laws Relating to the Privacy of Health ...

Texas Human Resources Code
Section
Related/
Contrary
Explanation
Preemption
Exception
Is State Law
Preempted?
Recommendation
§ 32.052
Waiver Programs for
Children With
Disabilities or
Special Health Care
Needs
Related/
Not Contrary
Subsection (c)(1) is related.
To the extent that assessing the needs of the child may
require a covered entity to submit PHI:
(1) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
No
Subsection (f)(4) is related.
§ 32.053
Hometelemedicine
Pilot Program
*(Code contains two
sections of 32.053)
Related/
Not Contrary
To the extent monitoring and evaluation of the program
requires the disclosure of PHI to HHSC:
(1) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
No
Subsections (5)(A) and (B) are related.
§ 32.054
Dental Services
Related/
Not Contrary
To the extent the audit and investigation of a dentist
requires the disclosure of PHI to HHSC:
(1) HIPAA permits appropriately limited disclosure of PHI
that is required by law. 45 C.F.R. § 164.512(a)(1).
(2) HIPAA permits certain disclosures for the purpose of
health care oversight. 45 C.F.R. § 164.512(d)(1).
No
Subsection (c) is related.
§ 32.055
Catastrophic Case
Management
Not Related
To the extent the assessment of the recipient's needs
requires a covered entity to submit PHI to the department,
HIPAA permits appropriately limited disclosure of PHI that
is required by law. 45 C.F.R. § 164.512(a)(1).
No
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